An American man is facing charges under New Brunswick’s Motor Vehicle Act in connection with a crash that claimed the life of a Nova Scotia RCMP officer in September.

Const. Frank Deschenes had stopped to help two stranded motorists change a flat tire when a cargo van plowed into his cruiser and the SUV in Memramcook, N.B. on Sept. 12.

The 35-year-old officer died at the scene. The two people in the SUV were treated for injuries.

The driver of the cargo van was taken into custody and later released on conditions set by the court.

Southeast District RCMP say they have completed their investigation and determined there isn’t enough evidence to proceed with charges under the Criminal Code.

Instead, the driver of the cargo van, 31-year-old Vasiliy Meshko from Wilkes-Barre, Pennsylvania, has been charged with driving without due care and attention, and failing to move over, under the Motor Vehicle Act.

Meshko’s lawyer appeared in Moncton provincial court on Tuesday and requested an adjournment to Friday to enter a plea.

Deschenes was born in northern New Brunswick and was a 12-year veteran of the RCMP. He was stationed in Amherst, N.S. at the time of his death.

Deschenes was a former member of the force's famed Musical Ride and was awarded the Queen's Diamond Jubilee Medal in 2013.

He was also known as a dedicated Mountie who worked to educate the public about the need to slow down when driving past emergency vehicles.